Wakeling ja

14.26: Format of factums

Case Summary

This was an Application by the Urban Development Institute for permission to intervene in an Appeal brought by the City of Edmonton in respect of a Decision of the Subdivision and Development Appeal Board. At issue in the Appeal was the validity of a Board Decision to delete a condition attached to a subdivision permit granted to HVNine Ltd. by the Subdivision Authority. The outcome of the Appeal would affect the funding model for future light rail transit expansion through undeveloped land in Edmonton.

Wakeling J.A. found that the Applicant could offer special insight and perspective, which would assist the Court in its deliberations. The Applicant’s interests were directly and significantly affected by the outcome of the Appeal, and the extra costs associated with granting the Institute intervener status would not exceed the benefits of hearing from the Institute.

The Institute was granted permission to intervene in the Appeal. Pursuant to Rule 14.26(2)(b), the Institute could file a Factum up to 30 pages in length. Wakeling J.A. said that the Factum could not contain arguments substantially the same as those made by HVNine Ltd., and so ordered that the Institute could have an additional two business days to file its Factum after the Factum of HVNine Ltd. was due. Finally, the Institute was entitled to make an oral submission of up to 30 minutes in length after the Respondents’ oral presentations, unless the Panel hearing the Appeal directed otherwise.

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